Agenda and minutes

No apologies were received.

To receive any declarations of interest by members in items on the agenda.  For any advice on declarations of interest, please contact the Monitoring Officer.

No declarations of interest were made by members at the meeting.

The Licensing Sub-Committee proceeded to hear the case following the adopted procedure rules. The application for a premises licence for Beluga Bar, 46-50 High Street, Tunbridge Wells was summarised by the Licensing Officer, Mr Packham. 

 

Mr Packham mentioned that the premises were currently authorised by a premises licence in the name of Liquid Lounge/Davinchi’s.  However, he reminded members that this Sub-Committee meeting was to determine an application for a new licence and that any conditions or restrictions attached to the new licence would not apply to the current one, nor could the current premises licence be modified at this meeting.

 

Members were advised that the application sought opening hours of 24 hours per day, as well as authorisation for other licensable activities, as shown in paragraph 9 of the report.  They noted that the Police had not made any representation in respect of this application, although details of the ten occasions on which Police had attended the premises this year in relation to crime and disorder were listed in the agenda. However a copy of the police representation made in 2009, which was subsequently withdrawn at the review meeting, was attached as an appendix to the agenda.

 

Mr Packham explained that many of the representations made reference to incidents which occurred four to five years ago and which were pertinent to, and addressed by, the review of the premises in 2009. He reminded the Sub-Committee that each application must be treated on its own merits. 

 

The Chairman invited Mr Phillips, the applicants’ Barrister to present his case.  He advised members that his clients wished to modify their application and explained that the extension of hours would now only relate to the basement area, the first floor and a small part of the ground floor. 

 

Mr Phillips advised that refurbishment work was currently underway to the basement area which sought to move the central bar to either end of the room, with a screen and a door in the middle of the room to break it up into two areas, one area being a quiet space away from the nightclub.  He explained that an alcove had been created in the smoking area with a glazed window which enabled those outside to view inside the premises.  Members were informed that the smoking area was located in a passageway between two buildings and was enclosed on three sides, facing the main High Street.

 

Mr Phillips then went on to describe the proposed works to the ground floor of the premises.  He explained that the area to be licensed on the ground floor under this application would only include a small reception space and a champagne bar which would accommodate 30/40 people.  The Sub-Committee was advised that negotiations were currently taking  place with a nationally known restaurant operator to occupy the remainder of the ground floor.  It was noted that no amendments were planned to the first floor.

 

Mr Phillips explained the reasons that his clients had requested longer opening hours.  He  ...  view the full minutes text for item LSC104/13

LICENSING SUB-COMMITTEE

 

PREMISES LICENCE APPLICATION 

WEDNESDAY 4 DECEMBER 2013

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

NAME AND ADDRESS OF PREMISES:

Beluga Bar, 46-50 High Street, Tunbridge Wells

 

NAME OF PREMISES LICENCE HOLDERS:

G   Mr Hamid Javadi and Mr Majid Javadi

 

REASON FOR HEARING:

Valid representations had been received against the application from the Principal Environmental Health Officer, Mr McCullough, and from forty Interested Parties, based on the licensing objectives “Prevention of Public Nuisance”, “Public Safety”, Prevention of Crime and Disorder” and “The Protection of Children from Harm”.

 

 

At the meeting the applicant’s Barrister, Mr Phillips, advised the Sub-Committee of the modifications that had been made to the application.  He explained that the ground floor area to be licensed under this application had been amended to only include an area within which would be a reception area to the basement and a small champagne bar.  Negotiations were currently taking place with a nationally known restaurant operator to occupy the remainder of the ground floor.  This would reduce the overall capacity of the nightclub by approximately 50%. The four licensing objectives were considered by the Sub-Committee:   1. Prevention of Crime and Disorder   Representations received on this objective referred mainly to the incidents experienced prior to the review hearing relating to the current premises licence in 2009, namely fighting, broken shop windows and damage to property.   It was noted by the Sub-Committee that several representations had confirmed that the situation had improved since the review in 2009 when conditions had been placed on the current licence.   The Sub-Committee considered that there was little evidence to demonstrate that the activities occurring along the High Street and neighbouring streets, referred to by those making representations, could be associated to the patrons of the premises.   2. Public Safety   Several residents had raised concerns regarding feeling threatened when returning back to their properties late at night and fearing for their safety when hearing screaming and other loud noises outside their property.  Again this referred mostly to the situation prior to the review of the current licence and there was insufficient evidence to associate this with patrons of the premises.

DELIBERATIONS:                

 

2. Public Safety   Several residents had raised concerns regarding feeling threatened when returning back to their properties late at night and fearing for their safety when hearing screaming and other loud noises outside their property.  Again this referred mostly to the situation prior to the review of the current licence and there was insufficient evidence to associate this with patrons of the premises.   3. The Prevention of Public Nuisance   The Sub-Committee considered the concerns of the Principal Environmental Health Officer, Mr McCullough, and those residents who had made a representation to the Licensing Team regarding noise and disturbance late at night, which they considered was caused by customers of the Beluga Bar.    Mr McCullough expressed his concern that the extension of times to 2am weekdays and 3am on Thursdays, Fridays and Saturdays would lead to disturbances later in the night, particularly to those living nearest to the premises who had to get up early to go to work.  In his written submission, Mr McCullough identified several conditions which could be added to the licence should it be approved, namely:   ·         Monday to Thursday restrictions on the terminal hour to 01.30 hours ·         Friday and Saturday restriction to on the terminal hour to 02.30 hours ·         Develop and maintain a noise management plan which formalises how the noise from the club can be managed.  The management plan to be reviewed by the club on a yearly basis and updated by agreement with the Local Authority. ·         Install and use a temporary barrier system to define the allocated smoking area as per that indicated on the current licence. ·         At least one member of the security staff dedicated to supervise the smoking area between 22.00 hours and closing time. ·         No admission to new patrons one hour (or 90 minutes if 03.00 hours closing time is agreed) before closing time. ·         Two minutes before closing the DJ shall make an announcement to remind customers that the club is situated in a residential area and requesting that they treat the neighbours with respect by leaving the club as quietly as possible.   At the meeting the Sub-Committee was advised that the applicants were agreeable to all the conditions, except the reduction in the terminal hour and the no admission to patrons 90 minutes before closing time.

                                               

 

In their written representations, and at the meeting, residents reiterated Mr McCullough’s concern that an extension to the opening hours of the premises would result in noise disturbance later in to the night and therefore mean even less sleep for their families. In addition, the residents were concerned at the location of the smoking area at the side of the premises which generated noise from patrons gathered in that area, as well as smoke pollution (particularly as some residents’ bedrooms overlooked this area).  It was also considered by several residents that noise levels emanating from the premises would increase as patrons entered and left the premises to visit the smoking area.  They felt that the close proximity of the residential properties to the premises should be considered by the Sub-Committee.   Members understood that the residents were concerned that the unacceptable situation which had resulted in the review of the current licence back in 2009 would return, however the applicants did provide reassurance that, with the removal of the use of the ground floor, there would be a reduction in capacity.  In addition with the closing time being extended to 03.00 hours (with 20 minutes drinking up time) this would encourage gradual dispersal.   Members had considered the Guidance given under section 182 of the Licensing Act 2003, which stated that issues that occur outside of the immediate vicinity of the premises were matters for the personal responsibility of individuals under the law.   4. Prevention of Harm to Children    Whilst references were made to this licensing objective, in particular children being kept awake by the noise from patrons leaving the premises late at night, the Sub-Committee did not consider that there was substantial evidence that this emanated from the licensed premises in question.   Further, the statutory guidance given under section 182 of the Licensing Act 2003, stated that operators should show how they will protect children from harm when children were on the premises and no representations had been received regarding this point.

                                               

 

That the application be approved as requested, with the following hours amended for the sale and supply of alcohol:   Monday to Thursday – 10.00 to 01.00 hours Friday to Saturday – 10.00 to 03.00 hours Sunday – 10.00 to 00.00 hours   Non-standard timings: Sundays prior to Bank Holiday Mondays – 10.00 to 03.00 hours On New Year’s day from 00.00 hours until normal closing hours   subject to the conditions detailed in Appendix A being placed on the premises’ licence.

DECISION MADE:                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional notes made by the Sub-Committee at the meeting -

 

§  This licence, like any other licence, is subject to review at the instigation of any Responsible Authority or Interested Person should there be any concerns regarding the operation of, and/or, breaches of the licence.

 

§  Other Persons and Responsible Authorities were reminded that they may apply for a review of this licence “after a reasonable interval” pursuant to section 51 of the Licensing Act 2003.

 

§  Entitlements to appeal for parties aggrieved by the decisions of the Licensing Authority are set out in Schedule 5 to the 2003 Act.

 

§  In the case of a Premises Licence, an appeal has to be commenced by the giving of a notice of appeal by the appellant to the justices’ chief executive for the magistrates’ court within a period of 21 days beginning on the day on which the appellant was notified by the licensing authority of the decision to be appealed against.

 

Appendix A

 

 

 

1. The CCTV system will be maintained and serviced annually and records kept to that effect.

 

2. CCTV shall be operational at all times that members of the public or staff are on the premises.

 

3. Images will be retained for a period of 28 days by whatever means the licence holder deems appropriate.

 

4. The Police or Local Authority will have access to these images at any reasonable time and in any case within 48 hours of the request for the image being made.

 

5. The Police or Local Authority will be allowed to take a recording by way of tape, CD Rom or any other means of the image within 48 hours on the initial request being made by either the Police or Local authority.

 

6. Staff will be fully trained in the CCTV system and there will be at least one member of staff on duty during trading hours who is able to provide a recording of any incident at the request of police or local authority.

 

7. All external smoking areas to be adequately lit.

 

8. Door supervisors will be employed at the premises from start of evening trading, until 30 minutes after close of trading.

 

9. A sufficient number of door staff will be employed at the premises to provide safety and security for the capacity. The recommended ratio for door supervisors is 1:100 customers.  Plus the additional staff required for conditions 19 and 33.

 

10. All security staff will wear a reflective jacket or tabard.

 

11. All security staff will display their SIA badges by way of a reflective armband.

 

12. A logbook will be kept detailing all incidents that occur at the premises. This will be a bound book which will detail the following:-

 

·         The day, date and time of the incident.

·         The member of staff making the entry.

·         All members of staff involved in the incident.

·         An account of the incident.

·         Details of any persons injured and the injuries sustained.

·         Any other details thought relevant.

 

13. A register will be kept of all security staff working at the premises for every time that the premises are open for trading. This register will be a bound book and it will contain the following information: -

 

·         Day and date of entry.

·         Time that member of security staff starts and finishes work.

·         Full name.

·         SIA registration number.

·         Signature of the member of security staff.

 

14. No open vessels, bottles or other type of container will be allowed outside of the licensed premises.

 

15. Glass drinking vessels to be toughened or polycarbonate.

 

16. All staff will be fully trained in their responsibilities under the Licensing Act and the training will be fully auditable and available to any responsible authority on request.

 

17. A personal licence holder will be present at all times that the premises are trading for the sale of alcohol.

 

18. Wind down music to be played for 30 minutes prior to end of all Regulated Entertainment activities.

 

19. On Friday, Saturday and other event nights a minimum of 2 security staff deployed to ensure that any people forming a queue at the entrance to the premises, or people temporarily leaving the premises, are orderly and supervised in such way so that they do not cause a nuisance to other nearby businesses, residents, passing pedestrians or traffic.  On other occasions a minimum of 1 security staff.

 

20. Smoking will only be allowed in the designated smoking area to the side of the premises.

 

21. The number of patrons in the designated smoking area to be limited to 40 at any one time.

 

22. No persons under the age of 18 years will be allowed on the premises unless attending a private pre booked function or event.

 

23. All staff will be fully trained in ‘Challenge 21’ and the training will be fully auditable and available to any responsible authority on request.

 

24. Notices to advise customers that ‘Challenge 21’ is in force and notices will be prominently displayed in all areas to that effect.

 

25. The only proof of age that will be accepted will be a passport, photographic driving licence or Home Office Issued National Identity Card.

 

26. Install a temporary barrier system that will define the smoking area outside the Beluga Bar.

 

27. Music within the club will be reduced to a noise level (in dB) as agreed with the Council’s Environmental Protection Team fifteen minutes before the closure of the club.

 

28. Develop and maintain a noise management plan which formalises how the noise from the club can be managed.  The management plan to be reviewed by the club on a yearly basis and updated by agreement with the Local Authority.

.

29. No bottling to be undertaken outside the premises between the hours of 22:00 and 09:00.

 

30. An area will be provided that is suitable for the use of mobile phones.

 

31. Two cashiers to be operating at all times when customers are queuing outside.

 

32. Customers to be instructed not to go across the road when they leave the premises before the end of normal club opening hours.  Customers who insist on crossing the road shall not be readmitted to the club.

 

33. At least one licensed door staff to supervise the Smoking area at all times whilst the smoking area is in operation.

 

34. Clearly displayed notices reminding customers leaving the premises that they are in a residential area and requesting them to leave quietly.

 

35. Two minutes before closing the DJ shall make an announcement to remind customers that the club is situated in a residential area and requesting that they treat the neighbours with respect by leaving the club as quietly as possible.

 

36. A telephone contact number for complainants to contact the club so that issues can be reported quickly and dealt with effectively when the problem is occurring.  The phone must be located so that it will be answered by an official of the club whenever the club is operating.

 

37. No admission of new patrons to the premises one hour before closing time.